Special Education

L.H. v. Hamilton County Department of Education (6th Cir.)

Special Education & Disabilities: What are the appropriate standards for determining whether an educational placement offers the least restrictive environment (“LRE”) for a student with a disability and whether a change in location constitutes a change of placement?

R.M. v. Gilbert Unified School District (9th Cir.)

Special Education & Disabilities: Whether IDEA's FAPE requirement that a student's IEP must provide educational benefit as defined by Endrew F.  outweighs IDEA's preference for such benefit in the least restrictive environment.

M.R. v. Ridley School District (3d. Cir. Pet. for rhrg en banc)

Special Education & Disabilities: Whether parents who succeed on claim for reimbursement for private school tuition under IDEA's stay put provision are a prevail party entitled to attorneys' fees

M.L. v. Smith, No. 15-1977 (4th Cir. Aug. 14, 2017)

Fourth Circuit panel held that Maryland school district provided with a disabled student with a free appropriate public education as required by the Individuals with Disabilities Education Act even though the student's individualized education plan did not address the students religious and cultural needs. 

NSBA urges Supreme Court to uphold long-standing processes that encourage parent-school collaboration in special education

NSBA joined by the Michigan Association of School Boards (MASB), the School Superintendents Association (AASA), Association of School Business Officials International (ASBO), and National Association of State Directors of Special Education (NASDSE), filed a “friend of the court” (amicus) brief in the U.S. Supreme Court case of Fry v. Napoleon Community Schools.

Fry v. Napoleon Community School District (U.S. Sup. Ct. - Merits Brief 2016)

Special Education & Disabilities: Whether 20 U.S.C. § 1415(l) requires Petitioners to exhaust the state administrative procedures set forth in the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., before filing a civil action seeking monetary and declaratory relief under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12201 et seq., and the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.

Key Federal Agency Guidance 2008-2017

Key Federal Agency Guidance Affecting Schools November 2008 - February 2017. 

M.L. v. Bowers (4th Cir.)

Special Education & Disabilities: Whether a school district must provide  a student with religious/cultural instruction in order to satisfy IDEA's  free appropriate public education requirement   

SB v. Board of Education of Harford County (4th Cir.)

Legal System: Section 504 claims seeking monetary damages for alleged peer harassment based on disability are subject to Title IX standard set forth in the U.S. Supreme Court in Davis

COSA Webinar: Special Education Series #3 Where is the Line? Mental Health Services and FAPE

School officials are coming under increased scrutiny for providing services to students experiencing mental health concerns. As a school attorney, you need to know the legal requirements, as well as prevailing educational recommendations when it comes to providing FAPE. In this webinar, experienced special education attorneys will guide you through new standards and court interpretations for addressing mental health issues in the public school setting, and offer tips on working with local health care providers to ensure students' needs are addressed.

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